Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 148, 149, 114---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, abettor present when offence is committed, haraabah---Bail, grant of---Prosecution witnesses not coming forward to record their evidence---Delay in conclusion of trial---Effect---Initially case was challaned under S. 512, Cr.P.C. showing accused and co-accused as absconders, however after arrest of co-accused case proceeded against him; the Trial Court framed the charge and issued process to prosecution witnesses time and again but prosecution witnesses did not come forward to record their evidence---Trial Court also made publication of notice in daily newspapers for appearance of prosecution witnesses, and even then they did not turn up---Ultimately Trial Court ordered for keeping the case in abeyance and released co-accused on bail, leaving prosecution at liberty to move for reopening of the case as and when prosecution witnesses came forward---Accused was subsequently arrested and sent to face trial with supplementary challan, but prosecution witnesses had still not come forward, in such circumstances, no purpose would be served if the accused was left to remain in jail for an indefinite period---Mere abscondment of accused would not come in his way, if otherwise he had made out a case for bail---Accused was released on bail in circumstances. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Through this bail application, the applicant Dadai alias Ashraf Kosh/Jatoi, seeks post arrest bail in Crime No. 9 of 2005, of Police Station Kot Shahoo, registered for offences punishable under sections 302, 114, 148, 149, P.P.C. and 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The case of prosecution, as per F.I.R lodged by complainant Jhando on 28-8-2005, is that on 27-8-2005, when complainant, his nephews, namely, Lakhan, Wadhal, and Dost Ali were grazing their buffaloes, as such at about 11.30 a.m. there arrived accused Saleh, Ghulam Rasool, Pehliwan, Wazir, armed with…

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